Do I have to appear in a Divorce Court in Poland?

25.11.2022

Do I have to appear in a Divorce Court in Poland?

In accordance with the law in Poland, in every case for divorce or separation the court orders that appear in the courtroom. This means that even a spouse living abroad should appear in a Polish court.

In addition to above, if you are the plaintiff in a divorce case (the party starting the case), you should attend the first court hearing for the trial because in the event of your unjustified failure to appear, the proceedings will be suspended. In cases of inability to reach a Polish court, a spouse living abroad may also be heard before a foreign court or at a Polish consulate.

Importantly, the Divorce Court in Poland may not order compulsory bringing of a reluctant spouse to the court. Therefore, in a situation where the defendant did not respond to the filed divorce petition, i.e. she/ he did not lodge a response to the claim, did not appear at the hearing or, despite appearing, did not participate in it, the Divorce Court in Poland may issue a default judgment. Such a judgment will be detrimental to the defendant because it will fully comply with the plaintiff’s claims.